Can You Come Back to Canada After Being Deported?

Deportation from Canada can have significant consequences for an individual's ability to re-enter the country. The decision to allow re-entry depends on several factors, including the reason for deportation and the policies of the Canadian government. This article explores the intricacies of re-entering Canada post-deportation.

General Rules and Prohibitions

Generally, a deported individual is considered inadmissible to re-enter Canada. This means that unless specific conditions are met, they cannot legally return to the country. The entry rules can vary based on the reason for deportation and the individual's background.

5-Year Ban on Re-entry

One of the most significant rules is that individuals who have been deported within the past five years may face imprisonment if they attempt to re-enter Canada. This five-year period is a harsh deterrent designed to discourage unauthorized re-entry during the critical period when a new case would need to be established for re-consideration.

Types of Deportation and Re-entry Conditions

Deportation can be a result of various reasons, such as illegal entry, overstaying a visa, engaging in criminal activity, or failing to meet the necessary requirements for re-entry. Each case is unique, and the likelihood of re-entry changes based on the nature of the deportation and any potential legal avenues available.

For example, if a person was deported for entering the country illegally and had applied for asylum but was not granted it, chances of re-entry are slim. In such cases, the individual's history of illegal activity and potential criminal record further complicate the process and reduce the likelihood of being granted re-entry.

Absence of Record and Re-Entry

On the other hand, if the deportation was for reasons that no longer apply and the individual has no criminal history or ongoing issues, they might be able to apply for re-entry. In some cases, if a migrant has a good history and can demonstrate stable employment and ties to Canada, there might be a way to re-enter legally after a waiting period or through other means.

Specificity and Country-Specific Policies

The specific circumstances of each deportation case can vary widely. For instance, if an individual is deported for overstaying a visa, re-entry might only be possible after a substantial waiting period. Conversely, if the deportation was for criminal reasons, any attempt to re-enter might be met with automatic denial.

Waiting Periods and Applications

Most countries, including Canada, have formal processes and waiting periods for individuals wishing to re-apply for immigration or re-entry. The process might involve submitting a detailed application, undergoing legal and medical evaluations, and sometimes paying additional fees.

Canada’s permanent inadmissibility status is determined by individuals who pleaded asylum but were not successful. The government views such individuals as a risk and imposes a blanket policy of non-re-entry. The same applies to individuals deported for illegal entry or criminal activities.

Legal Remedies and Appeal Processes

Individuals facing deportation often have legal options available. These might include appeals, refugee claim re-openings, or third-country solutions. However, these avenues are often fraught with challenges and require strong legal representation and evidence to succeed.

Conclusion

In summary, whether a person can come back to Canada after being deported depends on the reason for deportation, the current policies of the Canadian government, and any potential legal remedies available. While it's possible to re-enter under certain circumstances, the process is often complex and fraught with challenges.